Minimal impairment test

Minimal impairment test

Minimal Impairment Test

The Minimal Impairment Test is part of the Oakes Test used by the Canadian Supreme Court. The Oakes Test is used to determine whether legislation, which may infringe upon a right guaranteed under the Canadian Charter of Rights and Freedoms, is saved under Section 1 of the Charter. [ [http://www.mapleleafweb.com/features/constitution/charter/05.html Mapleleafweb.com | Canada's Premier Political Education Website! ] ]

Section 1 of the Charter

Section 1 of the Canadian Charter of Rights and Freedoms dictates that guaranteed rights and freedoms may be subject to reasonable limitations "as demonstrably justified in a free and democratic society." [ [http://laws.justice.gc.ca/en/charter/index.html Canadian charter of rights and freedoms ] ] Simply put, legislation may impede rights, but not unreasonably.

Oakes Test

To determine if an infringement of rights through legislation is demonstrably justified the Supreme Court of Canada applies the Oakes Test, a precedent set in 1986's R. v. Oakes. The Oakes Test is comprised of two parts: sufficient importance and porportionality. [ [http://www.mapleleafweb.com/features/constitution/charter/05.html Mapleleafweb.com | Canada's Premier Political Education Website! ] ] Minimal Impairment falls under porportionality, and requires that in order for legislation to be saved under section 1 the violation must minimally infringe upon the right/freedom. [ [http://www.mapleleafweb.com/features/constitution/charter/05.html Mapleleafweb.com | Canada's Premier Political Education Website! ] ]

References


Wikimedia Foundation. 2010.

Игры ⚽ Поможем написать курсовую

Look at other dictionaries:

  • test — 1. To prove; to try a substance; to determine the chemical nature of a substance by means of reagents. 2. A method of examination, as to determine the presence or absence of a definite disease or of some substance in any of the fluids, tissues,… …   Medical dictionary

  • Section One of the Canadian Charter of Rights and Freedoms — Canadian Charter of Rights and Freedoms Part of the Constitution Act, 1982. Preamble …   Wikipedia

  • Morphine — This article is about the drug. For other meanings, see Morphine (disambiguation). Morphia redirects here. For other uses, see Morphia (disambiguation). Not to be confused with Morphinae, Morphea, or Morpholine. Morphine …   Wikipedia

  • Vriend v. Alberta — SCCInfoBox case name=Vriend v. Alberta full case name=Delwin Vriend, Gala Gay and Lesbian Awareness Society of Edmonton, Gay and Lesbian Community Centre of Edmonton Society and Dignity Canada Dignité for Gay Catholics and Supporters v. Her… …   Wikipedia

  • R. v. Edwards Books and Art Ltd. — ! bgcolor= 6699FF | Case opinions R. v. Edwards Books and Art Ltd. [1986] 2 S.C.R. 713 is a leading Supreme Court of Canada decision on the constitutional validity of an Ontario provincial Sunday closing law. The Court found that the legislation… …   Wikipedia

  • R. v. Laba — SCCInfoBox case name=R. v. Laba full case name= heard date=June 15, 1994 decided date=December 8, 1994 citations= [1994] 3 S.C.R. 965 docket= history= ruling= ratio= SCC=1994 1995 Unanimous= Majority= JoinMajority= Concurrence= JoinConcurrence=… …   Wikipedia

  • Health and Disease — ▪ 2009 Introduction Food and Drug Safety.       In 2008 the contamination of infant formula and related dairy products with melamine in China led to widespread health problems in children, including urinary problems and possible renal tube… …   Universalium

  • nervous system disease — Introduction       any of the diseases or disorders that affect the functioning of the human nervous system (nervous system, human). Everything that humans sense, consider, and effect and all the unlearned reflexes of the body depend on the… …   Universalium

  • Hepatic encephalopathy — Classification and external resources Micrograph of Alzheimer type II astrocytes, as may be seen in hepatic encephalopathy. ICD 10 …   Wikipedia

  • Montreal Cognitive Assessment — The Montreal Cognitive Assessment, MoCA, was created in 1996 (Copyright: Dr Z. Nasreddine) in Montreal, Canada. It was validated in the setting of mild cognitive impairment, and has subsequently been adopted in numerous other settings clinically …   Wikipedia

Share the article and excerpts

Direct link
… Do a right-click on the link above
and select “Copy Link”